Seabrook v. Janssen Pharmaceuticals Inc.
- Edgardo Ramos
- 1:20-cv-02005
- U.S. District Court · Southern District of New York
- 3
In Seabrook v. Janssen Pharmaceuticals Inc., Judge McMahon ordered a prisoner to pay fees or submit forms and a signed complaint page before the case proceeds.
James Seabrook, who must satisfy the fee-or-application requirements and provide an original signature before the case can proceed; the defendants are not affected by a merits ruling in this order.
What happened
Seabrook v. Janssen Pharmaceuticals Inc. concerns James Seabrook’s unsigned complaint, filed without the required fees or completed forms to request permission to proceed without paying fees upfront.
The court gave Seabrook 30 days to pay $400 or submit a completed application and authorization allowing installment payments from his prisoner account. He must also submit an original signature page. The court said no summons would issue yet and warned that failing to comply would lead to dismissal.
Chief United States District Judge Colleen McMahon issued the order. She also denied permission to appeal without paying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Seabrook v. Janssen Pharmaceuticals Inc. · No. 1:20-cv-02005
- Edgardo Ramos
- Mar. 18, 2020
Background
James Seabrook, who was incarcerated at Rikers Island and represented himself, filed a civil complaint against Janssen Pharmaceuticals Inc. and other defendants. He did not pay the required filing fees, did not submit a completed application to proceed without prepaying fees, and submitted a blank prisoner authorization. The complaint also lacked his signature.
Court’s Order
The court directed Seabrook, within 30 days, to either pay $400 in fees or submit the required application and prisoner authorization forms. The order explained that the filing fee is $350 and the administrative fee is $50, but that a person granted permission to proceed without prepaying fees is not subject to the $50 administrative fee. The prisoner authorization would permit installment deductions from Seabrook’s account and require certified account statements for the prior six months.
The court also directed Seabrook to resubmit the complaint’s signature page with an original signature within 30 days. The Clerk was directed to mail the order to him and record service on the docket. No summons would issue at that time. The court stated that the case would be processed under the Clerk’s procedures if Seabrook complied, and that the action would be dismissed if he did not comply within the allowed time.
Additional Ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. This order did not decide the merits of Seabrook’s claims against the defendants.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.